Copyright: Article 5(2)(b) of Directive 2001/29 does not allow financing fair compensation from the General State Budget.

Copyright Law - Uniform interpretation of “Communication to the public” in article 3(1) Directive 2001/29/EC and article 8 Directive 2006/115/EC. Act of communication to the public in case of intentionally transmitting copyright protected works by an operator of a rehabilitation centre to patients via television sets...

From the press release: "The recruitment of legally qualified and of technically qualified judges of the Unified Patent Court (Court of First Instance and Court of Appeal) has been launched with the publication of the vacancy notices in English, French, and German. The deadline for applications is 4 July 2016.

The...

In the European Union (EU), Geographical Indications (GIs) for wine, spirits, agricultural products and foodstuffs are protected as sui generis intellectual property rights that act as certification that certain products possess particular qualities, characteristics or reputation essentially attributable to their...

Advertising Law: no factors of such a kind as to affect the validity of Article 20 of Directive 2014/40 on the manufacture, presentation and sale of tobacco and related products.

Private International Law: All actions which seek to establish the liability of a defendant are the concept of ‘matters relating to tort delict of quasi-delict’. A claim seeking to obtain ‘fair compensation’ for reprographic reproduction or reproduction for private use due by virtue of national law falls within...

The decade-long legal fight over Google's effort to create a digital library of millions of books is finally over.

Trade Mark Law - Genuine use of a trade mark: where the mark is used in accordance with its essential function, which is to guarantee the identity of the origin of the goods or services for which it is registered, in order to create or preserve an outlet for those goods or services. “Proper reasons” for non-use of that...

Liability - Damages must be calculated based on hypothetical royalties and any moral prejudice.

Trade Mark Law - Third party, who is named in an advertisement on a website, which contains a sign identical or similar to a trade mark in such a way as to give the impression that there is a commercial relationship between him and the proprietor, makes no use of the mark (Article 5(1)(a) and (b) of the Trade Marks...

Advertising Law - Opinion A-G Saugmandsgaard Øe on nutrition and health claims made in communications exclusively addressed to the professional sector. Article 1(2) of Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods.

Trademark law - The General Court carried out a global assessment. To assess the degree of similarity between marks, it is necessary to determine the degree of visual, aural or conceptual similarity to between them.

Advertising Law - A split screen that shows the closing credits of a television programme in one column and a list presenting the supplier’s upcoming programmes in the other, in order to separate the programme which is ending from the television advertising allowed when it meets the requirements set out in Article 19(1...

Trade Mark Law - Unregistered license Community trade mark may bring proceedings alleging infringement

Trade Mark Law - The General Court did not err in law by upholding the assessment of the Board of Appeal according to which the goods at issue were similar because of their complementarity: complementarity is an autonomous criterion capable of being the sole basis for the existence of such a similarity

Geographical Indications - Even in the absence of any likelihood of confusion, ‘evocation’ of a name referred to in Annex III to regulation ‘Protection geographical indications’ is not allowed.

Trade Mark Law: Article 8(5) CTMR requires a lower similarity than article 8(1) under b CTMR

Copyright - No act of communication to the public at ‘point to point’ transmission of programme-carrying signals to distributors.

Copyright Law - Restrictions for (i) reproduction on paper or any kind of photgraphic or (ii) copies for private use.

Database Law - geographical information utilised from topographic maps has sufficient autonomous value to be constituted as ‘independent materials’ from a ‘database’.